Article 50 TEU and the procedure of withdrawal from the EU

Question 1

What is the Article 50 TEU: the withdrawal clause?

Answer 1

• Inserted into the TEU by the Treaty of Lisbon
• Article 50 TEU provides for a unilateral right to withdraw from the EU

Question 2

Drafting of Article 50 TEU 1

Answer 2

• The drafting of the withdrawal clause go back to the EC and the drafting of the 2004 (failed Constitutional Treaty

Question 3

Drafting of Article 50 TEU 2

Answer 3

• The first version of the withdrawal clause was state-centred (put forward by a British member of the EC)

Question 4

Drafting of Article 50 TEU 3

Answer 4

• Unilateral and automatic right to withdraw from the EU for each Member State - no need for a withdrawal agreement

Question 5

Drafting of Article 50 TEU 4

Answer 5

• Formal notification from the withdrawing Member State + EU entitled to unilaterally adjust its institutional structure after the withdrawal
• The version was heavily criticised by the more integrationist members of the EC

Question 6

What is Conditional and Limited Right of withdrawal in one type of situation?

Answer 6

• Where a Member State had been outvoted in the qualified majority revision procedure
• It would not be forced to remain in the EU and could leave after two years of unsuccessful certification

Question 7

Conclusion of an Agreement on Future Revisions

Answer 7

• If no agreement => the exiting Member State would almost immediately cease to be an EU Member State.

Question 8

The departing Member State would:

Answer 8

• Be subject to a transitional agreement and
• Remain a party to the Agreement with the EEA